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HomeMy WebLinkAbout2004 09 20 Consent 206 COMMISSION AGENDA ITEM 206 Consent X Informational Public Hearings Regular September 20,2004 Rescheduled from September 13, 2004 Regular Meeting Mgr. / Dept. Authorization CONSENT 206. Office Of The City Clerk Approval Of The August 16, 2004 City Commission Emergency Special Meeting Minutes. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION . EMERGENCY SPECIAL MEETING AUGUST 16,2004 CALL TO ORDER The Emergency Special Meeting of Monday, August 16, 2004 of the City Commission was called to order by Mayor John F. Bush at 6:30 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor John F. Bush, present Deputy Mayor Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Donald A. Gilmore, arrived at 6:35 p.m. Commissioner Sally McGinnis, present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:39 p.m. A mom~nt of silence was held, followed by the Pledge of Allegiance. AGENDA Office Of The City Manager Discussion Of Emergency Issues. 1. Post Storm Updates.: City Manager Ronald W. McLemore introduced this Agenda Item. Mr. Kipton D. Lockcuff, P.E., Director, Public WorksfUtility Departments spoke on his Department's clean-up after Hurricane Charley came through Florida and the City of Winter Springs late on Friday, August 13, 2004. During his discussion Mr. Lockcuff noted, "On the 'Utility' side we had no problems - with the water system, no loss of pressure. Amazingly we had no water main breaks from trees which - is typical. We had only two (2) service lines break from people's homes." ~ ~ ~ ~ ~ " ' 'J', :;:r fAetD lJ=i=~ ~~411 "PL t:,;::r'~~ c:::Q~ ~.,. cr" ' . o\l'!i """""., ~""""':). IfI==P CITY OF WINTER SPRINGS' MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 2 OF 17 Mr. Lockcuff added, "On the 'Sewer' side, we have thirty-eight (38) Lift Stations. They were all without power initially; we still have twenty (20) without power. We've had four (4) man crews working around the clock since Friday night. Our West Plant is back on normal power. The East Plant is not, although the - power crews are right in that area working so we are optimistic that will happen soon, The flows to the plant are still reasonable. We're having minor manholes overflowing occasionally, not too bad though. " Mr. Dennis Franklin, Building Official, Building Division, Community Development Department commented on building related issues from Hurricane Charley. Commissioner Donald A. Gilmore arrived at 6:35 p.m. Mr. Franklin continued to address the City Commission. City Attorney Anthony A. Garganese arrived at 6:39 p.m. Discussion, Chief Timothy J. Lallathin, Fire Department addressed the City Commission and gave an update related to Hurricane Charley. Chief Lallathin stated, "I will say though that electrical power and generation power to our facilities is another story. I really think that we need to reevaluate those - the capacities and specifically the fuel capacities on how much fuel that we have and how we keep it available. We have been scrambling like everybody else to get fuel just to keep some of our generation equipment in operation; and I have to hand it to everyone who's been in the Emergency Operations Center - they have done an extremely - great job in getting those resources." Commissioner Michael S. Blake said, "Tim [Lallathin], when you say fuel supplies, you are talking about 'For the generators' - you are talking about gasoline for vehicles or diesel fuel for the trucks or - all those things combined?" Chief Lallathin said, "Everything you just mentioned are things we really need to evaluate - and make sure in our future plans that - we have enough fuel available for at least a week long operation. We have one (1) gasoline tank here in the back of City Hall and we had the generator - go out of service here for a short period of time. There was no way to fuel the vehicles during that period. We were able to get everything back up and running. But we need to really reevaluate all the generators and the capacities, And when we look to the future, I think that we need to look at some type of fueling depot for City vehicles where we actually control the supply and demand, so to speak. That's my opinion." ~ ~ Dt~ ~ ~) ~~ ~- (ji;Z5:~ ~ ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 3 OF 17 Chief Lallathin continued, "Another thing as you're well aware of - is the cell phones and trunk radios. We use trunk radios in the City which means that we rely upon tower sites throughout the County to supply - radio signals. Well, during this storm, a lot of those places were knocked out, and so the communications was at times almost near impossible to get through. So, we need to really look at that as a City - our future capability of communications. Cell phones are real nice, even having that 'Direct ConnectTM' was real nice, but I've seen a lot of frustrated Officers and other individuals who just could not get through, because everybody is using these devices today and they are all basically on the same frequency and so it really kind of overloaded the system." Chief Lallathin continued, "I will say what I have seen though in the City, basically neighbor helping neighbor and people just lending a good hand. I think that that is commendable upon all the citizens of this City and of the people who work for the City. I think that they did a great job so far!" Furthermore, Chief Lallathin stated, "I just - encourage everyone to - just be patient; work with us and if you have any needs or if you know of anybody who's stranded or have any problems or whatever, please communicate that to us so that we can get them help." Commissioner Gilmore spoke about a specific neighbor getting oxygen and ways to help. Chief Lallathin said, "Seminole County has established a 'Special Needs Shelter'. It is fortunate that it happens to be right in our community; it's right at Highlands Elementary School. At that facility, they can take care of her as well if she needs to have her oxygen bottle filled, they can exchange oxygen bottle for oxygen bottle." With further discussion, Commissioner David W, McLeod mentioned, "I just wanted to thank the Chief [Lallathin] - as one of your gentleman responded today." Chief Lallathin then said, "Also, speaking on behalf of Kip's (Lockcuff] - your East Wastewater Facility, if you stand out behind the facility, there's at least seven (7) poles that we counted that were actually snapped off - you see those are the things that take a lot of time for them to get restored. So that may be even something that we look at in the future to address. I know that underground power is pretty expensive, but to key facilities as far as like Wastewater Treatment Plants and other things, maybe that is something we want to look at in the future." Chief Daniel J. Kerr, Police Department spoke about his Department's role in regards to Hurricane Charley, and noted, "Some of our Officers had chainsaws and tried to help as much as they could with Public Works to clear areas; but the job that Public Works did clearing the roadways by the morning was really nothing short of a miracle. Those guys really, really did an outstanding job." ~ Discussion. cQJ ~dj E::-~ ~~ ~e.;D ~<B ~ ~! ~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16, 2004 PAGE 4 OF 17 Chief Kerr said, "One of the things that happened Saturday that kind of put a ringer into operations for just about the entire City was when the generator went down here at City Hall, because it affected all the phone lines, all the computer operation that was going back and forth between the stations, the EOC [Emergency Operations Center], and all that - the 9-1-1 calls started dropping - we had no way to get out. Jerry [Sturdevant, Facilities Maintenance Technician] from Public Works worked on it most of the afternoon and most of the morning and was able to get it back up with another generator, and we were able to get all that back up. Seminole County was able, once they found out just how serious the situation was here to reroute the 911 calls eventually - to go there," Next, Chief Kerr noted, "Tim [Lallathin] mentioned the problem - with our radios, even when they were up, because of the load that was on the entire system, some of the towers went down, that eight hundred (800) megahertz trunking system - even the County, all the other cities were experiencing the same problems we were with the lack of being able to communicate." Chief Kerr added, "To say that it Was frustrating trying to get resources to where we needed and communicate - is an understatement. One of things that we are going to be recommending for the future is that we purchase some small generators for each one of our intersections. They are very inexpensive; it doesn't take a very big generator to run them. But, when all those lights go down, if we are able to get generators in there, that's twenty-four (24) or twenty-five (25) Police Officers that won't have to be working the intersections and will be freed up to answer other calls," Chief Kerr stated, "One final note that, and I'm sure most of you know it by now but, just the outstanding work that Public Works did, Tim [Lallathin] in particular with running our City's Emergency Operations Center and keeping that line of communications going with the County. We were really able to get a lot of our resources that we needed and really kept everything coordinated the way it was." Commissioner Sally McGinnis stated, "I am really impressed that you went door to door and at certain neighborhoods that were at risk." Discussion. Mr. Chuck Pula, Parks and Recreation Department Director, spoke about damages to the City's Parks. Mr. Pula noted, "I'd just like to say regarding our employees, I really appreciate this effort on their part. Over half of our employees still don't have power and they're there working hard, you know overtime hours and extended hours just to get the job done - to get these areas cleared so that our residents can enjoy them." A slide presentation related to the City's Parks was then shown to the City Commission and those in attendance, @4 ~ ~~.1'l ~~ ~a !J::::!,~ ~- ~~ ~~: ~ ~~~ (t~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 5 OF 17 Tape 1/Side B The slide presentation continued. Discussion .:..:. AGENDA NOTE: THE FOLLOWING TWO ITEMS WERE DISCUSSED TOGETHER. .:. .:. 2. Approval Of Storm Debris Removal Contract.: 3. Approval Of Storm Debris Monitoring Contract.: Manager McLemore introduced this issue. Manager McLemore said, "Typically what happens about thirty (30) sometimes sixty (60) days after a storm event like this you get a lot of revised information on wind speeds and all kind of damage and all that comes out and it usually gives you a reduced amount of information in terms of what was originally estimated and talked about." Manager McLemore said, "The thing we need to go to now is the removal contracts. There are two (2) contracts involved, one (1) is with Grubbs [Grubbs Emergency Services, LLC] who is a company actually who will come, pick up all the stuff from the streets, from our parks and tug grind it and deliver it to the Landfill. The other one [contracts] is with the monitoring company which is SCS [Engineers] - they're an engineering firm - their job is to monitor the work that Grubbs [Grubbs Emergency Services, LLC] does and to make sure that every penny is documented that we can document for reimbursement from FEMA [Federal Emergency Management Agency], from the State and as quickly as possible and that the Performance Contract is carried out. . ,. Basically - the clean-up will happen in three (3) cycles; the first cycle will be for them to come in and clear all the debris on the right-of-ways and the smaller stuff - all the bags you see out there and get that out of the way. Then, all the huge, big trees that have got to be dealt with will be more of a cycle two (2); and then after that, then we will do a public notice of a final date by which to get everything out to the curb that they can and that then will be the end of our contract with them - this is probably a thirty (30) to forty- five (45) day process." Commissioner Blake then asked, "The third pick-up?" Manager McLemore said, "The third pick-up - to the end, right?.." Commissioner Blake said, "...Forty-five (45) days out on that one?" Manager McLemore said, I'm guessing - we have representatives here who might want to address that... that's some of the information we were talking about Sunday, they have not had a lot of opportunity yet to come in and really look at Winter Springs in detail. And that's the reason I can't give you really good cost data." ~~ ~~ ~ r;;:;;>"e ~.._..<l &ih<! ~ ~ ~""".:l1 Cii-:;:;;..--;- t-.:~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 6 OF 17 Commissioner Blake said, "The County Contract has a cap on it. Will we benefit from any cap on the charges associated with us piggybacking onto a County Contract? The County Contract has a fee schedule of all the rates, but there's a cap of five million dollars ($5,000,000.00) county-wide - my question is how does that translate into a cap for us? It wouldn't be the same five million dollar ($5,000,000.00) cap would it?" Manager McLemore stated, "That I am not sure of" Commissioner Blake added, "It is just something I think we need to look at." With further discussion, Commissioner Blake said, "So in other words, each City is going to have its own five million dollar ($5,000,000.00) cap?" Additionally, Commissioner Blake said, "It is not important tonight, I don't think, but let's keep our eyes open on that." Commissioner McLeod said, "Let me ask something on that cap. Are we sure that's a cap or the contract bid is a five million dollar ($5,000,000.00) bid and they are not to be paid beyond five million [dollars] ($5,000,000.00) without renegotiating." Manager McLemore said, "We'll have to ask them." Commissioner McLeod added, "A quick look at it - looks to me like it is a fixed number. Come back to that, will you Ron [McLemore]. " Discussion. Mr. Anthony Tanner, Vice President, Grubbs Emergency Services, LLC, Post Office Box 12113, Brooksville, Florida: addressed the City Commi'ssion, Manager McLemore said, "My understanding was you had to sit down and renegotiate when you reached that point - was the way it was explained to me. Is that correct?" Mr. Tanner said, "Yes sir, that is correct. Your twelve and a half percent (12.5%) FEMA [Federal Emergency Management Agency] pays seventy-five (75), State pays twelve and a half (12 1'2) and local government has to pay twelve and a half (12 ~) - and I think - every local government has got to do that." Manager McLemore said, "Now your firm has been doing this for quite sometime is that correct?" Mr. Tanner said, "Yes sir." Furthermore, Manager McLemore said, "All over the United States, southeast Florida - so you have a little knowledge about this? How do you see it proceeding in Winter Springs?" Mr. Tanner responded, "Weare ready to proceed whenever you all give us a notice to proceed - we'll move trucks in. We'll move a tower in. Are you going to use the County Landfill as a processing site?" ~ I~ r~~ Qt{~ ~~ (~~ /j '-,; h::GJ (61~ l,!'"'~'~ (E:t. f.t.-.d~~ c, ,-,.,~(J ~~ [;. ~ f':'-" ~ ff~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 7 OF 17 Manager McLemore added, "Weare going to have a local site for your tug grinder." Mr. Tanner said, "Okay, whenever you have that site ready and give us the notice to proceed; we'll bring the trucks in; we'll let your Engineering Company be there to certify the capacity of those trucks, Those trucks will receive a number that's got a lot of numbers on it. The first two (2) letters will be 'Winter Springs' - 'Winter Springs'; and then a series of numbers; the last two (2) numbers on that series of numbers will be the capacity of that truck. That will be a certified capacity where you get a sheet of all the trucks that's been certified by your Engineer and us," With discussion, Mr. Tanner said, "If we damage the grass, we repair it. If we bust a sidewalk, we repair it. If we take a mailbox down, we repair it." Commissioner McLeod said, "You said that there are two (2) methods. One (1) is by weight and one (1) is by cubic, Now, by going cubic, it depends upon what's sitting in the bottom of that, because you can be hauling a lot of air space with a couple of big trees in the bottom that really weren't properly necessarily trimmed out and then you've got brush on top, and yet you're paying for a twenty (20) yard truck or whatever your trucks are - I don't know what they are." Commissioner McLeod added, "Wouldn't it be smarter to use a scale like the DOT [Department of Transportation] and weigh the truck on a DOT [Department of Transportation] scale that's portable, Ron [McLemore], and go by a weight?" Manager McLemore said, '''I think that tonnage would be your worst way out. Some of these stumps alone, the weight on them is incredible. But, I think that the final player on this is how they want to handle it at the County." Mr. Tanner said, "I understand that everybody is going by the cubic yards - everybody that I talked with today." Manager McLemore said, "We will coordinate with them on that and see." Commissioner McLeod noted, "And I am sure there is good reasoning but, I think 1'd - actually like to have you check on that." Mr. Tanner said, "Well, when we go down a street, and we get a pile of brush, we won't skip around and get the big stuff - we take it as it comes - and we put it in that truck as it comes. We don't pick around and try to load a truck that way. We will absolutely get everything as we go," Manager McLemore added, "Most of this stuff is going to be ground before it ever goes to the landfill right here, What they are going to be leaving here with is big trucks full of chips." Commissioner McLeod said, "Is that what you are leaving here with?" Mr. Tanner said, "No. We will pick it up and haul it for a certain price then we will grind it and process it for another price - then we haul it and dispose and chip for another price. Yes sir - this is a competitive bid process that we went through - three (3) or four (4) years ago." ~]j [~:;5] [;>-~ (<~.:,l'.j> s:;:.r=:;::;I ~:..::....~. C:JC:::-:' ~'-'::J reI - L~.,~ rs;:~ ~ ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16, 2004 PAGE 8 OF 17 With further discussion, Mr. Tanner said, "We pick up everything that they put on the street. If it is too big, we have people with chainsaws to cut it up small enough to get it into the truck. But, anything that comes to the public right away is eligible to be paid for under the FEMA [Federal Emergency Management Agency] program." Manager McLemore said, "We will be out with an informational piece prior to the final run. Actually, we are going to try to get it out hopefully by the end of the week - an informational piece describing what's going on; just basically telling them whatever you bring out to the street is going to be picked up. Prior to that final run, there will be a public notice going out telling people that this is your last trip; this is your last opportunity, and what those dates are. So, then they are on notice that this is your last shot. " Mayor Bush said, "Now Ron [McLemore], you mentioned the thirty (30) to forty-five (45) days - the start day will be?" Manager McLemore answered, "We hope tomorrow [Tuesday, August 17,2004] but officially we are saying Wednesday [August 18,2004] - tomorrow we hope we can get started," Mr. Tanner said, "We'll get the tower brought in; get the trucks in and get them certified and then try to start the following day." Mayor Bush said, "So, tomorrow [Tuesday, August 17,2004] or Wednesday [August 18, 2004] and it will last for how many days?" Mr. Tanner said, "Well, I think that we need to do a first pass - then see how that first pass is going and be ready for the second pass the following week. We'll go ahead and make that and then make the passes as we see they need to be made. That's just something that you sort of play by ear. It's according to the weather conditions for one thing, If it rains next weekend, then they can't bring a lot of debris out. If it doesn't rain - you will see a lot of debris come to the curbs." Commissioner McLeod asked Mr. Tamler, "Will you be working seven (7) days straight?" Mr. Tanner replied, "Yes sir. Seven (7) to seven (7) - seven (7) days a week." Commissioner McGinnis said, "Ron [McLemore] you mentioned getting an informational piece out - when you do, could you give an update on what some of the Department Heads said- what we heard tonight - I mean a broad overview." Manager McLemore said, "It's going to be a very, very broad overview. Mainly, we want to get people - I don't think we can do 'Power'. We have no control over it. The main thing we want to try to get to people is - get it to your front yard; don't put it in the street; put it on the edge and get it out as quickly as you can. It's your responsibility price-wise on what's on the property. It is the City's responsibility to get it off the public right-of-way and into a landfill." Commissioner McGinnis asked, "Will it be - a postcard?" Manager McLemore responded, "I'm thinking of a mailer that we'll get out - a bulk mailing very soon." Commissioner Blake said, "Also, we should put it on the Website as soon as possible." Manager McLemore said, "We just got the Web up this afternoon about four o'clock. We will definitely have that up tomorrow." C~=0: rc~y, I.~,=~::: ~'-"'-' r~..5': \..:::.;!_.J:::-' r;-~<;:.t'.-;.'rl ~.:.::')<~~ f25' .". t,~_J'~~;G rP:'- , lJ;-Z'_~, ~~:QH ~-'-~",j ~8 ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 9 OF 17 Discussion. Commissioner Gilmore said, "Ron [McLemore], when we put this notice out about dragging stuff out, let's emphasize to keep it out of the street. I noticed today some Contractor put some stuff out their driveway and across Deer Run - left it sitting this far out into the middle of the street and now Deer Run becomes one (1) lane." Manager McLemore said, "We have had some of that, yes; and we are going and advising people to get it back off the street." Mayor Bush said, "I think Kip [Lockcuff], didn't you mention today that we are actually going and pushing it back up on the berm as well, when that happens - so, if you see it, I think that the thing to do is to get a hold of Kip [Lockcuff] or the City because I know that they are watching that." Mr. Tanner stated, "The one thing that I might say is the more that you can keep the public informed with these public announcements, the better off you will be. They like to be informed. We will furnish you with maps showing the progress as we make it. You can giveit to the TV or the Council, everybody wants to see it. We will have those maps available through Post Buckley [Post, Buckley, Schuh & Jernigan, Inc]." Manager McLemore said to Mr, Tanner, "What time tomorrow can we have an organizational meeting with you?" Mr. Tanner responded, "Nine o'clock in the morning - we will be here." Next, Manager McLemore said, "You and I are going to ask the Commission about this. I don't know if you work any type of an incentive or bonus system for additional performance or not. Are those things negotiable with you?" Mr. 'Tanner said, "No sir, we've got a Contract which was a competitive bid and we have to stick with those terms of the Contract - we can discuss that in the morning.'" Manager McLemore said. "We'll talk about that." Furthermore, Manager McLemore noted, "I'm just talking about a bonus. If the Commission will give me the authority to explore that, I'll do it." Conimissioner Blake said, "Well, I think the only thing we are looking for Ron [McLemore] - is the quality of the job that they do; because from a timing standpoint, it certainly appears that the Contractor is ready, willing and able -, to move in right away. My concern would actually be if the blast - happens too quick - what we don't want to have is a City with a bunch of material out there, for whatever reason, due the crunch and demand, that they weren't able to get out yet and then we are going to have to deal with Contractors, unlicensed Contractors, illegal dumping or worse - than just having the material left out there." With further discussion, Mr. Tanner said, "We should put enough crews in here to get it all out - a first pass in two (2) weeks." f~~ !C.S...,...=::;;:J l~~J [>~ cs-;g e'.~ ~:;:;<J ~kr~ (~R'-"S ~~ D==<-"~ r:;:::::::--"' ~, ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 10 OF 17 "I AM GOING TO GO AHEAD AND MAKE A MOTION THAT THE CITY COMMISSION AT THIS EMERGENCY MEETING, PIGGYBACK ONTO SEMINOLE COUNTY MASTER AGREEMENTS WITH THE GRUBBS EMERGENCY SERVICES [LLC] AND THE SCS ENGINEERS CONTRACT FOR EMERGENCY DEBRIS REMOVAL." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. MANAGER McLEMORE STATED, "I PERSONALLY WAS HOPING TO MAKE SURE THAT WE DON'T TAKE MORE THAN TWO (2) WEEKS TO GET THIS FIRST PASS DONE - SO WHAT I AM ASKING YOU, WAS - WILL YOU BE WILLING TO CREATE A LITTLE ADDITIONAL INCENTIVE TO MAKE SURE WE GET THIS STUFF DONE IN TWO (2) WEEKS?" MR.. TANNER NOTED, "WE DON'T NEED THE INCENTIVE. WE HAVE GOT A GOOD CONTRACTOR - ONE WE FEEL GOOD WITH. I'LL MAKE SURE WE HAVE THE CREWS TO GET THIS JOB DONE." VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush said, "Commission I think at this point, we need to talk about informing the people of the community." Deputy Mayor Robert S, Miller said, "I would have the Police Department go through the areas in the next day or two in the middle of day, not in the middle of the night and just make an announcement; that residents please notify your neighbors that debris removal will begin probably by Thursday or Friday of this week or earlier - door to door. The word will spread real quick." Manager McLemore said, "I personally think that most people have already gone back to work. You're not going to reach them with this. I would like to have a piece of mail in their hands by Friday or Saturday in their house, that says 'This is what you need to do'." Commissioner McGilU1is said she preferred "That we should do a mailing. We may have to do another mailing before our last - I think that is a misuse of persolU1el to drive around with a bull horn." Mayor Bush said, "Ron [McLemore], how quickly can we get the mailer out? I would like to see it get out of here as quickly as possible." Manager McLemore responded, "My intent is to get it out of here tomorrow - it is just a matter of how long it takes to get it printed, and out." ~ [~ ~~ [::: . ,;-,: '-.J ~~~ -- ,'--:::::::;; ~::--4j""'--;;-", /;;3;S?J r'3'> !~ f.Qb-<;J I-~-;::::J '-~~ r~:;::::...:.;; ft:~ ' CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE110F17 Discussion. Commissioner McGinnis said, "Mark it 'Urgent' or make it ,colored or something." Discussion. Captain Kevin Brunelle, Police Department, said, "One of the things that we will obviously do when you come out with a Notice, is we will put it in our Communication Center because we get a lot of phone calls and our Communication Operators will be able to give the information out when they get phone calls as well." Commissioner Blake said, "Don't we have an Information Line here at the City?" Commissioner Blake added, "You know we do these Public Works signs or Re-Zoning signs, those big yellow signs that Public Works makes - that we put up. Why don't we get two (2) or three (3) or four (4) of those in strategic places in the City, put them up that says 'Storm Debris Removal Information'; have the Website address; and have the Information Line phone number. It's a cheap way to do it. People drive by" they see it, plus it directs them to our Website." Furthermore, Commissioner Blake said, "I don't mean instead of a card. In addition to the card. This is something that I think we could have implemented within twenty-four (24) hours. These signs are pretty easy to make and put up." Commissioner McLeod said, "My thought was can you make a notification that says 'Important Notice' - that's colored." Commissioner McLeod added that when the trash collection company picks up the trash cans, a sticker could be added to the: trash cans, providing the residents with helpful information." With further discussion, Mayor Bush summarized, "The mailer I think everybody agrees on and it will be done as quickly as Ron [McLemore] can get it together. The Zoning signs I think are a good idea because people do see those and - that is something that we can do that is not extremely - expensive. I think we ought to investigate the reverse 911 and the message could be, 'Watch for the mailer from the City regarding...' I mean it could be very simple; it doesn't have to be a long thing. But, the fourth thing is that we need a Press Release that we can send to the Television stations, the Radio stations saying this is what the City of Winter Springs is doing..." Mayor Bush said, "I will come up tomorrow and - we can do a Press Release - they will print it." Mayor Bush added, "Commission, are you all in agreement on those four (4) items?" Commissioner Blake said, "Yes." No objections were noted. Cf ~~ R~l ~ D::::-~. cg~ ~p;;D ~:'=8 (I-'-" J2,--,~ ~;-::';1 ~'\ ~Q~ r4 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16.2004 PAGE 12 OF 17 .:..:. AGENDA NOTE: THE FOLLOWING TWO ITEMS WERE UISCUSSED TOGETHER. .:..:. 4. Temporary Relief From Certain Provisions Of The Tree Ordinance.: 5. Emergency Authority To Revocate Occupational Licenses.: Attorney Garganese read the title of Emergency Ordinance 2004-41 and added, "Beginning on page 2 of the Ordinance, on Section 2., 'Price Gouging and Unconscionable Prices', - after talking with the City Manager, there have been some instances where Contractors are quoting or requiring people to pay an exorbitant amount of money to remove trees, etc. Florida Statutes 501.160 addresses unconscionable pricing regarding the sale or lease of any commodity. Commodities are defined as anything - basically, sale of goods or services. Section 501 of the Florida Statutes, also allows Municipalities to adopt similar requirements and that's what this Section does for a thirty (30) day time period." Discussion. Tape 2/Side A Discussion ensued with Attorney Garganese, Manager McLemore, Staff, and Members of the City Commission on Emergency Ordinance 2004-41. Discussion, Manager McLemore stated, "We are going to make sure that everybody that we can find or locate that is removing trees in the City either has a license or they will have one of the temporary work permits that we will issue in the field." With discussion, Commissioner McLeod pointed out that the 'License' is "A Driver's License." Further discussion. Mayor Bush noted, "If you allow someone - to work on your property, with no 'Workman's Comp [Compensation]', and they get injured, you are liable." Deputy Mayor Miller stated, "Correct." Commissioner McLeod said, "They should be properly insured." , Commissioner Gilmore said, "I want to go replace my panels but before I do it, I have to come up here and get a Permit from the City to go and hammer my panels in place - if I do the work myself, I have to have a permit, right Dem1is [Franklin]?" Mr. Franklin said, "Yes sir, I believe so." f ,c:3j rc:s-c"'5l L~~ [).~,.:,r~~A-''';' "'c..-"J~ \:::,. ..~., y [S, ~,",,'''''') <::5'- -~,-=<J ~':-' ,C:J _"J'l, ~...t.....,",':ll ( c;~cc'l l.:;----J~);~ ~...Q5 [}oo=;-::',,9 ~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 13 OF 17 Discussion, Commissioner Gilmore said, "I ask to include in that 'Section 3' - 'Privacy Fences' because we have got to get them up to protect our pools," Deputy Mayor Miller said, "We are just waiving your ability to take down damaged trees on your property; and let them bear the burden of common sense by using people that they should use. If they choose to use - someone who is not licensed, let's give them a warning, that if you do and the guy is injured - you stand to be sued and that is going to be your problem. I think that we probably ought to put fences in there too on that basis - fences that have been damaged; because I have seen people put up fence sections in Tuscawilla where the panels just blew off - and they just straightened out. I haven't seen anybody put fence sections in my area of the City, I just wanted to put that on the record. " Discussion ensued on the Ordinance. Attorney Garganese said, "Do you want to make it the next Regular Commission Meeting or do you want to put a time limit in there where the Commission would have to have a Special Meeting?" Attorney Garganese then stated, "If this situation occurred then we would have to put an 'ADD-ON' Item on your Agenda - the Commission wouldn't care about that?" Commissioner McLeod said, "Yes, I wouldn't care if it happened Monday afternoon - it should be an 'ADD-ON'." Attorney Garganese said, "I can make that change. " With additional discussion, Commissioner McLeod said, "You may want to put something in there that the homeowners should get a Release of Lien from anybody they're paying; which the guy basically says under oath that he has paid or is paying his employees." Commissioner Gilmore added, "I would only like to say that if a homeowner is replacing an existing fence - the homeowner should not be required to obtain a permit and pay the fee at this period." "I WOULD LIKE TO MAKE A MOTION THAT IF THE CITY COMMISSION FINDS THAT THERE'S AN EMERGENCY SITUATION IN THE CITY OF WINTER SPRINGS, THEN FOR THE HEALTH, SAFETY, AND WEJLFARE OF ALL THE CITIZENS OF WINTER SPRINGS, WE ADOPT ORDINANCE 2004- 41 SUBJECT TO THE FOLLOWING CHANGES: 'Section 2.', ADD AT THE END OF IT, 'AT THE NEXT REGULAR COMMISSION MEETING'. 'Section 3.', STRIKE 'Section 3.' (a) AND CHANGE 'Section 3.' (b) TO 'Sectiion 3. (a)'." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. ~ ~~1 ~?>) (r~~ t)';::',,';;:-:;3 ~:2:'x!;1 15---:0 \=f.! .-::::--:::,.~, c~,;.;,&A Dr.---:::,1::ToiJ r;;:' ';;;';;'~.:!l ~ E:=-~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 140F 17 MANAGER McLEMORE SAID, "HOW DOES THAT AFFECT COMMISSIONER GILMORE'S REQUEST?" COMMISSIONER BLAKE SAID, "IT DOESN'T. THAT'S THE NEXT ITEM." MAYOR BUSH SAID, "COMMISSIONER BLAKE'S MOTION THEN ADDED THE NEXT COMMISSION MEETING WHICH COMMISSIONER McLEOD..." COMMISSIONER BLAKE NOTED, "...NEXT REGULAR COMMISSION MEETING..." MAYOR BUSH ADDED, "...NEXT REGULAR; ANIll THEN IN 'Section 3.' HE SAYS STRIKE ALL OF '(a)' AND MAKE '(b)' - '(a)'" SO~ NO - PERMIT APPLICATION OR FEE IS REQUIRED FOR THIRTY (30) DAYS." COMMISSIONER BLAKE SAID, "WE STILL REQUIRE ALL CONTRACTOR'S TO HAVE A LICENSE." FURTHER DISCUSSION. ATTORNEY GARGANESE SAID, "UNDER THE CURRENT CODE, ANYONE THAT IS ENGAGED IN TREE REMOVAL SERVICES IS REQUIRED TO HAVE AN ARBOR PERMIT LICENSE ISSUED BY THE CITY. BY STRIKING OUT SUBPARAGRAPH '(a)' EVERYONE THAT'S ENGAGED IN TREE REMOVAL SERVICE OUT THERE DURING THIS EMERGENCY WILL HAVE TO HAVE AN ARBOR LICENSE ISSUED BY THE CITY. IF THEY DON'T, THAT PUTS THE CITY IN BASICALLY THE SAME POSITION IT IS TODAY, TRYING TO ENFORCE THE CURRENT CODE AND Rl8:QUIRING THESE PEOPLE TO GET A LICENSE. NOW, IF THEY COME TO THE CITY AND THEY CAN'T GET A LICENSE, THEN THEY CAN'T DO, - TREE REMOVAL BUSINESS IN THE CITY. IF THEY CONTINUE TO DO BUSINESS WITHOUT A LICENSE THEN THEY WOULD BE CITED FOR. A CODE VIOLATION - THAT'S THE ENFORCEMENT MECHANISM THAT THE CITY CURRENTL Y HAS IN PLACE; AND I GUESS THAT'S THE DIRECTION THAT THE COMMISSION IS GOING FOR." WITH FURTHER DISCUSSION, MAYOR BUSH SAID, "AS I UNDERSTAND THEN, ESPECIALLY 'SECTION 3' - THAT COMMISSIONER BLAKE'S RECOMMENDATION DOES NOT IN ANY WAY WAIVE THE 'LIABILITY' AND 'WORKMAN'S COMP [COMPENSATION]' REQUIREMENT OF ANYBODY DOING TREE REMOVAL IN THE CITY." ATTORNEY GARGANESE SAID, "CORRECT." VOTE: COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. f; tJ ~=sJ D.~-::J ~j) ~ ~~8 1.;:2:~ (0"L:'.il r'"--::.-~.1 -..g~ D-:;::::= >.JI r --'.:1 ~~ CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 15 OF 17 Deputy Mayor Miller said, "I would like to see the City Manager, when we send out this thing to put a notice on there 'Beware - that the City has waived - you don't have to have a permit. It's your responsibility to make sure that if you use an unlicensed Contractor, be aware of the fact that the risk, if he doesn't have Insurance is yours.,,'" Commissioner Blake added, ".. .Put it in terms that they can understand: 'Did you know that an unlicensed Contractor can take your home?'" Mayor Bush said, "That should be in the Press Release. I think that Ron [McLemore] can work that out." Commissioner McGinnis said, "How about mosquito control - because we are going to have mosquitoes," Manager McLemore said, "I do need to make you aware of one quick thing, on FRS [Florida Recycling Services], our Solid Waste Contractor - we are suspending him from the yard pick up for two (2) to three (3) weeks because he doesn't have the capacity to do the job. He is just going to be in the way of these guys and we have agreed that what we are going to do is, we are going to get additional days of pickup toward the end for people who keep bringing it out - we are going to do some extra days, so if we give up two (2) days, he is going to give us two (2) more days at the end of the process that they can handle - no exchange of money," 6. Temporary Relief From Fees For Building ,Permits Related To Storm Repairs.: Discussion. Attorney Garganese said, "Given the fact that this is an Emergency, you can ask me to just put it in Ordinance 2004-41 if you want." Discussion. Commissioner Blake stated "Point of Order " and spoke of permits and fees, Deputy Mayor Miller remarked about building repairs and noted, "I will re-raise the issue two (2) weeks from tonight." , Tape 2/Side B Commissioner McLeod said, "It should be 'Repairs' or 'Back to existing state'. The only thing that we are trying to do is to relieve homeowner's that come in to get a permit for a quick repair." c c:.;~ ~ C=='~ ,-,1 ~s':, '-.~-::;; ~::e) ug~ [~ r2~"\...J>l v-"- ':::'..> I ......~-'C\.::,I ;;:,~~ k~ C :'-::3) CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 160F 17 Manager McLemore said, "What we talked about was that if you have got to get a permit for storm repair, we are going to waive the fee, not the permit." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY COMMISSION FIND THAT THERE BE AN EMERGENCY SITUATION IN THE CITY OF WINTER SPRINGS AND PASS AN EMERGENCY RESOLUTION THAT FOR A PERIOD..." COMMISSIONER BLAKE CONTINUED, "...OF SIX (6) MONTHS FROM THIS DATE THAT THE CITY COMMISSION WAIVES ALL PERMIT FEES FOR BUILDING PERMITS OF ANY CONSTRUCTION RELATING TO STORM REPAIRS FROM HURRICANE CHARLEY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. 7. Florida League Of Cities Conference.: Manager McLemore spoke about the upcoming Florida League of Cities Annual Conference, Discussion. Mr. Franklin said, "If! may go back to the fees, you are waiving the Permit Fees - are we waiving the Plan Review Fees as well?" Manager McLemore said, "Yes, for damage."-' Commissioner McGinnis said, "There was a Zoning Notice up on Shepard [Road] and Florida Avenue - did somebody remove that because of the storm, because it is gone. Anyway, my point is, I think we need to start that process over again - there's a time frame to properly notice," Manager McLemore said, "Was it an advertised Public Hearing?" Commissioner McGinnis suggested to Manager McLemore, "Just follow up on it, and let me know." Manager McLemore added, "Okay, and where was it located?" Commissioner McGinnis responded, "One was on Shepard and Florida [ Avenue] and one was on Florida Avenue." Manager McLemore continued, "Two (2) different ones?" Commissioner McGinnis added, "They were for the same piece of land." &.~ ~~ ~2A ~ ",";-T---- tr", --.<~~, '=:-=:/' (P:-::;:? u;:::_. , .- 'iJ rC~j)~, ~,........r.... ".--:-;-.., 15"::'~~: cc~ o-.-=~ ~.;] r:~ C:=-- CITY OF WINTER SPRINGS MINUTES CITY COMMISSION EMERGENCY SPECIAL MEETING - AUGUST 16,2004 PAGE 17 OF 17 Next, Mayor Bush said, "My neighbor across the street had a hole in her roof; she got it fixed. The Inspector came, checked to make sure that it was safe for her to live there - I really appreciated them doing that. ,I know she did." ADJOURNMENT , Mayor Bush adjourned the Emergency Special Meeting at 8:57 p.m. RESPECTFULLY SUBMITTED: CAROL LALLA THIN. ASSISTANT TO THE CITY CLERK ANDREA LORENZO-LUACES, CMC CITY CLERK APPROVED: JOHNF. BUSH MAYOR NOTE: These Minutes were approved at the ,2004 Regular City Commission Meeting, f -=~ :::J ~~ [)::.r,~ (S::;:~~~ r;::~--~ L,,2S~ 0~ ~ ,l; C"-~ t.::;"":.;.j'! ~~ ~~ ~C '--<:I g=:-~